Obiter dictaphone

Criminal defence solicitor Jeremy Leaning cc’d Obiter on this letter to justice secretary Ken Clarke. He promises to keep us posted of the minister’s response.

Dear Sir
Permission to bring a handheld voice recorder/dictation machine into court
On 4 August I attended East Cornwall Magistrates’ Court at Bodmin in order to represent a client in custody. As is my usual practice, I brought a handheld voice recorder to court for the purpose of work. This allows for optimum use of the downtime at court. I have done this for the last 20 years.

A security guard stopped me at the entrance to the court and informed me that I would need specific permission to bring the voice recorder in to the court premises. A short time later the court manager provided me with a policy document and requested that I make a written application [for permission]…

I attach a copy of the policy document with which I expect you will be familiar. I hope that you share the view that this policy is a wholly unnecessary piece of regulation and should be withdrawn. Certainly that is my first invitation to you.

However, if it should be the decision to persist with the policy, can I make a formal application to you as de facto head of the Court Service for a blanket authority to use my hand-held voice recorder on court premises…

If you are sympathetic to my application, I would not be averse to providing a passport-size photograph to enable you to provide a photo-card-sized permission akin to a driving licence. One would then avoid the need to make a series of separate applications to each court for permission.

Would it also be possible to make a blanket request on behalf of my firm notwithstanding the guidance in the policy? I could make a universal application on behalf of my partner and our staff, again providing photographs if necessary, which would certainly save on paperwork and time.
J P Leaning, SmithLeaning Criminal Advocates